The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-09-25

judicious and almost automatic OBJ,
servat,ons:
Whenever a public right becomes
Injurious, noxious or offensive to the
public good, the private right be-
comes subordinate to the public
right which community has to de-
mand q protection thereirom."
Acts, innocent themselves, acq uire
from circumstances the quality of
injuring the public. To carry arms
about ones person for purposes of
sell protection is in itself an innocent
act. But when citizens generally do
the same thing the tendency is to
create disorder and cause upjustif-
able taking of human life;
the State, therefore, prohibits
the carrying Of dangerous weap-
ons concealed upon ones per-
son. SO it may be said OF the
tariff in intoxicating liquors that,
notwithstanding it may be innocent
itself it may, nevertheless, by force
OF circumstances, be luxurious to the
public welfare aud dangerous to the
public peace. Aud il this be so, the
private right of sale has become
subordinate to the public right OF
protection.
We conclude, therefore, that no
man has a right TO indulge 10 traffic
which renders life aud property iuse-
cure, which promotes immortality aud
creates public paupers to be sup
ported at the States expense. Ii it
appears that the traffic in intcxicat-
ing liquors does all this, the justice
of the principle that would pro-
hibit and stamp out the miserable
traffic cannot be denied. And the
Supreme Court OF the United States,
through Chief Justice fancy, az
firmed the same doctrine in these
words: III any State deems the re-
tail and internal traffic in al dent spir-
its Injurious TO its citizens aud calcu-
lated to produce idleness, vice or de.
bauchery, | see nothing in the Con-
stitution OF the United States to pre-
vent it from regulating or restraining
the traffic, or from prohibiting it al
together, if it thinks proper" Judge
Cooley, above quoted, says: The
same laws also have been sustained
when the conflict with State copsti-
tutions or with fundamental princi-
pies has been raised" The Supreme
Court OF Mississippi says: The
State may deal with the subject by
absolute prohibition or by regula-
lions" And from similar authori.
ties ] could pile P,liol upon 0ssa.
In face OF these authoritative aud ac-
cepted interpretations Of "iuuda-
mental principles" your reference
TO the sa mice Of personal liberty
aud moral responsibility" and TO
THE substitution OF force for will"
! are, TO use your own phrase, but "ir-
relevant catohwords.
The only question for the people
10 determine precedent TO the adop-
tion OF restriction or prohibition is
as 10 the evil effects OF the liquor
traffic upon society. But that is be.
yond all controversy. The language
OF Judge PItman is the experience of
all criminal Judges: 1T is the
universal ally OF evil; the universal
antagonism Of good" judges, Com
monwealth attorneys and other civil
officers, with q voice Of startling
unaDimity, testify to the criminal
results OF the liquor traffic. Allow
me also TO say that your views Of 10.
cal option" TO my mipd are E .;;.:ncv
Bile and lack .IoEeay cYRsSf ioca
option "if confined to narrow limits
aud with a sufficient majority to as
sure that the measure rests on the
consent OF the governed" 10 the
Texas letter you alphabetically
characterize it as THE wooden
horse, in which disguised enemy e
State sovereignty, as the guardian Of
individual liberty, was introduced.
The difference between these two
utterances may be more apparent
than real. The wooden horse" II
inofiensiye I'll confined to narrow
limits" but dangerous II allowed
"yantf &c ground for wider opera
lions" The principle OF probibi
tion--the oppression Of the liquor b.
a majority Of the people-you, there
fore, admit. SO far We are agreed
But how or why you woul d coutin
its operation TO narrow limits !
logically not so clear. The doctrin'
OF local option is not OF squar
Yards or miles. II tho fovefeig
people Of q county, by majority vote
decide MT TO continue or allow th
liquor traffic in their midst, Why nc
: the citizens Of Slater Tnere
nothing in mere territory
, ia latitude aud longitude
at least within State line
, that nulli6es the principle. In you
! great work on the Rise aud Fall ,
. the Confederate Government 20
$ define as one Of the Teseryod powoI
q. OF a sovereign $ ate "tho right ,
z the people u alter r. abolish az
a form Of government, aud 10 insituI
0 lew one, such as 10 them sha
z seem most likely 70 elect the
safety aud happiness
l. Now " tue ltopiN " hV'NiNAA
G State desire TO alter their coust
a tuition By ougrafing upon 10 .
:. amendment prohibiting the manl
|. laoturo aud sale OF intoIicatiI
" liquors, which they regard On Co
y dueiyc TO their safety aud happine'
a they undoubtedly have the right
a 80 TO do, according TO the above dc
10 nition. Aud II by majority vote q
Of measure is adopted-the consent
Is the governed clearly oblained-wI
~ should anyone complain OF "saoi
" iieing personal liberty" and subs
|. tuting force Tor free willf'
10 II the amendment provided Tor
a, ennial elections or an electi
IN judiciary the complaint would
al equally pertinent and plaintive.
%, The principle, IL seems TO me,
On settled.
he | notice another popular misct
he ception OF snti.prohibitionists 10 yC
". reference 10 this effort 20 cont
~ morals by legislation" aud attomI
mo log "bJ coerciye means the roiorn
L. zion of the dfuukarda, There IL